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TITLE 16ECONOMIC REGULATION
PART 1RAILROAD COMMISSION OF TEXAS
CHAPTER 3OIL AND GAS DIVISION
RULE §3.98Standards for Management of Hazardous Oil and Gas Waste

      (i) all oil and gas wells that produce to one set of storage or treatment vessels, such as a tank battery, the storage or treatment vessels, associated flowlines, and related land surface;

      (ii) an injection or disposal site, that is not part of a generation site described in subparagraph (A)(i) of this paragraph, its related injection or disposal wells, associated injection lines, and related land surface;

      (iii) an offshore platform; or

      (iv) any other site, including all structures, appurtenances, or other improvements associated with that site that are geographically contiguous, but which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way.

    (B) In the case of a pipeline system (other than a field flowline or injection line system), an equipment station (such as a pump station, breakout station, or compressor station) or any other location along a pipeline (such as a drip pot, pigging station, or rupture), together with any and all structures, other appurtenances, and improvements:

      (i) that are geographically contiguous with or are physically related to an equipment station or other location described in this paragraph, but excluding any pipeline that connects two or more such stations or locations;

      (ii) that are owned or operated by one person; and

      (iii) at which hazardous oil and gas waste is produced or where actions first cause a hazardous oil and gas waste to become subject to regulation.

    (C) A natural gas treatment or processing plant or a natural gas liquids processing plant.

  (30) Generator--Any person, by generation site, whose act or process produces hazardous oil and gas waste or whose act first causes a hazardous oil and gas waste to become subject to regulation under this section, or such person's authorized representative.

  (31) Geothermal energy and associated resources Geothermal energy and associated resources as defined in Texas Natural Resources Code, §141.003(4).

  (32) Hazardous oil and gas waste--Any oil and gas waste determined to be hazardous under the provisions of subsection (e) of this section (relating to hazardous waste determination).

  (33) Hazardous oil and gas waste constituent--A hazardous waste constituent of hazardous oil and gas waste.

  (34) Hazardous waste--A hazardous waste, as defined in 40 CFR, §261.3, including a hazardous oil and gas waste.

  (35) Hazardous waste constituent--A constituent that caused the administrator to list a hazardous waste in 40 CFR, Part 261, Subpart D, or a constituent listed in table 1 of 40 CFR, §261.24.

  (36) International shipment--The transportation of hazardous oil and gas waste into or out of the jurisdiction of the United States.

  (37) Land disposal--The placement in or on the land, except as otherwise provided in 40 CFR, Part 268, including placement in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave, or placement in a concrete vault or bunker intended for disposal purposes.

  (38) LQG--A large quantity generator, as described in subsection (f)(3) of this section (relating to generator classification and accumulation time).

  (39) Management--The systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous waste.

  (40) Manifest--The shipping document required pursuant to the provisions of subsection (o) of this section (relating to manifests).

  (41) Manifest document number--The 12-digit identification number assigned to a generator by the EPA, plus a unique five-digit document number assigned to the manifest by the generator, or preprinted on the manifest, for recording and reporting purposes.

  (42) Oil and gas waste--Waste generated in connection with activities associated with the exploration, development, and production of oil or gas or geothermal resources, or the solution mining of brine. Until delegation of authority under RCRA to the commission by EPA, the term "oil and gas waste" shall exclude hazardous waste arising out of or incidental to activities associated with natural gas treatment or natural gas liquids processing plants and reservoir pressure maintenance or repressurizing plants.

  (43) On-site--At the generation site.

  (44) Operator--The person responsible for the overall operation of a facility.

  (45) Owner--The person who owns a facility or part of a facility.

  (46) P-5 operator number--The number assigned by the commission to each person who conducts any of the activities specified in §3.1 of this title (relating to Organization Report; Retention of Records; Notice Requirements) within the State of Texas.

  (47) Person--An individual, firm, joint stock company, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, or any other legal entity.

  (48) Pressure maintenance plant or repressurizing plant--A plant for processing natural gas for reinjection (for reservoir pressure maintenance or repressurizing) in a natural gas recycling project. These terms do not include a compressor station along a natural gas pipeline system or a pump station along a crude oil pipeline system.

  (49) Primary exporter--Any person who is required to originate the manifest for a shipment of hazardous waste in accordance with 40 CFR, Part 262, Subpart B, or equivalent state provision, that identifies a treatment, storage, or disposal facility in a receiving country as the facility to which the hazardous waste will be sent and any intermediary arranging for the export.

  (50) Receiving country--A foreign country to which a hazardous waste is sent for the purpose of treatment, storage, or disposal (except short-term storage incidental to transportation).

  (51) Reclaim--To process to recover a usable product or to regenerate.

  (52) Recycle--To beneficially use, reuse, or reclaim hazardous waste.

  (53) Reportable quantity--The quantity of a hazardous substance released in a 24-hour period that must be reported under the provisions of 40 CFR, Part 117 (for spills to water) or Part 302 (any spill).

  (54) Resource Conservation and Recovery Act or RCRA--The federal Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1976, as amended, 42 USC §6901, et seq.

  (55) Reuse--To employ hazardous waste as an ingredient in an industrial process to make a product (other than recovery of distinct components of hazardous waste as separate end products) or effective substitution of hazardous waste for a commercial product used in a particular function or application.

  (56) Sludge--Any solid, semi-solid, or liquid waste generated from a wastewater treatment plant or water supply treatment plant, or air pollution control facility, exclusive of the treated effluent from a wastewater treatment plant.

  (57) Solid waste--Any waste identified in 40 CFR, §261.2.

  (58) Solution mined brine--Brine extracted from a subsurface salt formation through dissolution of salt in the formation.

  (59) SQG--A small quantity generator, as described in subsection (f)(2) of this section (relating to generator classification and accumulation time).

  (60) State--Any of the 50 states that compose the United States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.

  (61) Storage--The holding of hazardous waste for a temporary period (excluding storage at the site of generation during the applicable accumulation time period specified in subsection (f) of this section), at the end of which the hazardous waste is recycled, reclaimed, treated, disposed of, or stored elsewhere.

  (62) Tank--A stationary device designed to contain an accumulation of hazardous waste that is constructed primarily of non-earthen materials (e. g., wood, concrete, steel, plastic) that provide structural support.

  (63) Tank system--A tank and its associated ancillary equipment and containment system.

  (64) TCEQ--The Texas Commission on Environmental Quality or its successor agencies.

  (65) Totally enclosed treatment facility--A facility for the treatment of hazardous waste that is directly connected to an industrial production process and that is constructed and operated in a manner that prevents the release of any hazardous waste or hazardous waste constituent into the environment during treatment (e.g., a pipe in which waste acid is neutralized).

Cont'd...

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